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<br />J"I-03-2002 11:47 <br /> <br />From-PETERSON FRAM BERGMAN <br /> <br />6512281753 <br /> <br />T-162 P 010/026 F-715 <br /> <br />terminatr:; in twelve (12) months from such Commencement Date unless . <br />terminated at an earlier date or extended as hereinafter provided: <br /> <br />I. Developer Non-feasibility Determination. If at any time the <br />Developer determines that the development of the TCMP Site is not <br />feasible for any of the following reasons, Developer can terminate this <br />Interim Agreement in its sole discretion: <br /> <br />a. Inability to negotiate with government agencies under <br />economical terms for the disposition and remediation of the <br />TeMP Site. <br /> <br />b. Discovery of environmental conditions not currently anticipated <br />and remediation costs associated therewith which would make <br />the development not economically feasible. <br /> <br />c. Failure of the City to adopt a Comprehensive Plan Amendment <br />consistent with the TCAAP Utilization Plan. <br /> <br />d. <br /> <br />Determine pursuant to the feasibility studies described in <br />Section 3.B. I .c. that private development of the TCAAP Site by <br />the Developer is not feasible. <br /> <br />. <br /> <br />e. Failure to secure governmental approvals which would allow <br />the Projec1: to proceed. <br /> <br />2. City Best Interest Determination, If, at any time, the City determines <br />that it is not in the best interest of the City to obtain the TCMP Site <br />for any of the fOllOWing reasons, City can terminate this Interim <br />Agreement in its sole discretion: <br /> <br />a. A proposal to transfer property in a manner that would expose <br />the City to unacceptable environmental remediation risks, <br /> <br />b. Failure of Developer to propose a land development plan <br />consistent with the TCAAP Utilization Plan and the City's <br />Comprehensive Plan Amendment. <br /> <br />e <br /> <br />. <br />